"The principle of collage is the central principle of all art in the twentieth century." -- Donald Barthelme (1931-1989)

Wednesday, July 30, 2008

Announcing a new endeavor

The new endeavor referred to in the title of this post will be a blog named Ruling Imagination, which I will begin writing on August 4, 2008 and in which I will address broadly speaking, both the law as it affects creative endeavors and creativity within law itself. While Ruling Imagination will, quite plainly, overlap in subject-matter with What is Fair Use?, I will continue to maintain this site; this site, however, will be confined, as it has since its beginning, primarily to questions of copyright and fair use and will continue to be aimed at an audience seeking a fairly high level of legal sophistication and technicality in its discussions. Ruling Imagination, on the other hand, will address a far wider range of subjects and will seek to engage a broader audience, in particular an audience within the creative community.

I’m proud to announce that Peter Friedman, associate professor at Case Western Reserve University School of Law, will join our roster of bloggers starting Monday, Aug. 2.

Peter, who specializes in legal analysis and writing at Case Western Reserve University and is currently a Visiting Professor at the University of Detroit Mercy Law School and at the University of Windsor, also teaches at the Universiteit van Amsterdam. He will write for Geniocity.com about the creative cutting edge of the legal profession.

For those of you who think the law and creativity are separated by continents, if not galaxies, let me point out that technology, government policy, social trends and other forces constantly require the law to adapt in unforeseen ways. Look what Internet access has done to copyright law: How will artists get paid for their work if everyone can find music, pictures, writing and video for free on the Internet? Consider the questions that surveillance technology - security cameras, satellites, GPS-equipped cell phones and cars - raises about our constitutional right to privacy. And which locker room - men’s or women’s? - should an as-yet-surgically-unchanged transsexual be required to use?

A furiously changing world demands some pretty inventive thinking about the rules we live by. Peter will explore that thinking and unveil the latest, fascinating twists reshaping our legal landscape and our lives.

Carolyn Jack, the former arts writer for the PD has joined forces with artist and critic Dan Tranberg to create Geniocity.com, an online home for creativity. Inspired by a 7-part newspaper story she wrote on creativity, Jack has honed in on an underappreciated fact: creativity in all its variations is embedded in all walks of life. Their new site, Geniocity.com, is part objective news portal, relating the latest advances in science, research, commentary and inventions, and part marketplace for creative work. Their Geniocity Shop will represent global artists, including Clevelanders Robert Thurmer of CSU, and Tracey Lind of Trinity Cathedral. They officially open for surfing on Thu 6/12, so get creative, and contact them to submit your work and reach an international audience.'

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About this Blog

This blog is an ongoing exploration of issues related to copyright and fair use in our contemporary digital culture.The blog began and continued through April 2008 as a class project in Peter Friedman’s Legal Analysis & Writing classes at Case Western Reserve University of Law during the spring 2008 semester. The students wrote cross-motions for summary judgment in a fictional lawsuit brought by the owners of the copyright to "Que Sera, Sera (Whatever Will Be, Will Be)." The Plaintiffs (represented by half of my students) alleged infringement of their copyright in Que Sera, Sera by the KLF, the real-life creators of an actual recording entitled "K Cera Cera."K Cera Cera (mp3) is a recording of the Red Army Choir singing an amalgam of Que Sera, Sera and John Lennon and Yoko Ono's Happy Xmas (the War is Over). The second half of the students, of course, represented the Defendants.In the course of the students' work in researching and writing their summary judgment briefs, the professor and the students posted items here that raise and explore the legal and policy implications implicit in and related to the infringement claim and Defendants' fair use defense.The relevant documents the students had to work from were the following: